Virsa Singh vs State of Punjab || AIR 1958 SC 465 || Case Summary

Virsa Singh vs State of Punjab

AIR 1958 SC 465

Case Summary

[Intention to Commit Murder]

Facts

• The appellant, Virsa Singh, was convicted under Section 302 IPC (murder) for causing the death of Khem Singh.

• The incident occurred on July 13, 1955, where Virsa Singh inflicted a spear wound on Khem Singh, causing injury to the abdominal wall and internal organs.

• Medical evidence showed the injury was sufficient in the ordinary course of nature to cause death. Khem Singh succumbed to peritonitis the next day.

• The Sessions Judge found that Virsa Singh acted rashly, with no intention to kill but causing grievous hurt.

• The High Court upheld the conviction under Section 302 IPC, citing that the injury inflicted was sufficient to cause death in the ordinary course of nature.

Issues

1. Whether the act of the appellant falls under Section 300, Clause 3rdly of the IPC, constituting murder.

2. Whether the appellant had the intention to cause an injury sufficient to result in death in the ordinary course of nature.

Key Legal Provisions

• Section 300, Clause 3rdly, IPC: Defines murder when the act is done with the intention of causing bodily injury, and such injury is sufficient in the ordinary course of nature to cause death. [Section 101 of BNS]

• Section 302, IPC: Punishment for murder. [Section 103(1) of BNS]

Judgement

• The Supreme Court upheld the conviction under Section 302 IPC, clarifying the application of Section 300, Clause 3rdly. It elaborated the following elements necessary for its applicability:

  1. Bodily injury is present: It was established that a spear wound caused by the appellant was present.

  2. Nature of injury: The injury was deep, penetrated vital organs, and was described by medical experts as sufficient to cause death in the ordinary course of nature.

  3. Intention to inflict that injury: The Court emphasized that the injury was not accidental but intentionally inflicted by the appellant.

  4. Objective sufficiency to cause death: The sufficiency of the injury to cause death is a matter of inference, irrespective of the offender's knowledge of anatomy.

• The Court distinguished intent to cause death from the intent to cause bodily injury that is objectively sufficient to cause death. Once it is proven that the bodily injury was intentional, the remaining analysis is objective.

• The appellant's defence of lack of intent to kill was rejected as irrelevant under Clause 3rdly, since the injury caused was fatal and sufficient to cause death.